Summary: Microsoft continues its long journey towards ‘Linux tax’ (or Microsoft tax on Linux) as the ‘standard’ while trying very hard to derail Android and prevent nations from moving to Free/libre software
THE bubble of ‘good’ Microsoft is being burst on a daily basis because the company keeps — and sometimes even enhances — its hostile behaviour, having just taken away software from Android [1, 2], engaged in yet more “embrace, extend, extinguish” tactics against Android, and then started recording Android users remotely (always on), as reported by Mary Jo Foley and other Microsoft propagandists (Microsoft’s special relationship with the NSA notwithstanding). Based on this new article from IAM, there is also a monopoly being shielded here, with the prospect of litigation against Google and others (for royalties or product removal). “A new study by technology consulting and litigation support firm iRunway,” says IAM, “has analysed the patent landscape around speech recognition technology, finding that Microsoft and specialist company Nuance lead the way. The report highlights the growth in patent filings over the last 10 years as companies have made significant strides in the development of technology in this area.” Just watch how Apple has been suing Samsung. It is still pursing high royalties through a settlement. It wants “hundreds of millions of dollars”, as an Apple proponent/Android foe put it. Much of that is for software patents and it is the same strategy Microsoft has been sticking to for much longer than Apple.
Make no mistake about it. There is no 'new' Microsoft except a Microsoft that engages in patent racketeering against Linux and Android. There are only faceplate changes, site changes, logo changes, etc. The company is as aggressive as ever before.
“Make no mistake about it. There is no ‘new’ Microsoft except a Microsoft that engages in patent racketeering against Linux and Android.”Several years ago we noted that Microsoft had promoted Horacio Gutierrez, who is now a Microsoft Vice President. Microsoft was emphasising a litigation route, making it abundantly clear that patent extortion against Linux was a growing strategy. Anti-Linux patent men are once again being promoted inside Microsoft as Smith becomes President. Recall all the anti-Linux rhetoric from him and mind the “astroturf in the comments,” as noted by our reader iophk. Smith is an aggressor, so the way we interpret the news is, anti-Linux litigation is only further promoted (not demoted) as the strategy. Watch what Microsoft has been doing with Tuxera, putting and reinforcing patent tax as part of the ‘standard’ inside Linux. Here is a new press release from Tuxera and partners — a statement which says:
iWedia, a leading provider of software solutions for TV devices to service operators and Consumer Electronics manufacturers, today announced that it has integrated its Linux-based Teatro-3.0 Set-Top Box (STB) software solution for IP-connected zappers with the AllConnect streaming technology of Helsinki-based Tuxera, the market leader in embedded file systems, network storage and streaming technologies.
Well, Tuxera is a Microsoft partner and it pays Microsoft. This is the sort of GPL-hostile future Microsoft is after. Microsoft is trying to make Linux its own cash cow. Yes, cash cow! It’s an assault on the very heart of Free software. It impedes distribution rights.
Speaking of underhanded tactics such as these, the Gates Foundation is being used as a Trojan horse by Bill Gates, who is now an integral part of Microsoft’s management and according to this report China’s “President Xi is set to also have a private dinner with Microsoft co-founder Bill Gates before leaving Seattle for Washington.”
Another report says “President Xi will also be visiting and meeting with Microsoft founder and philanthropist Bill Gates, even before he visits Obama in Washington.”
“That makes Xi look very weak,” iopkh wrote to us. It’s not the first time that this happens. The same kind of story was reported here almost decade ago, back in 2007.
“Yes,” iopkh noted, “it’s happened with other presidents of China. It makes them look very foolish, to keep it polite.”
Our worry is that China will lift its ban (in government) on Office and Microsoft Windows, maybe after some ‘sweet’ (behind closed doors) deal with Gates, who is now officially back at Microsoft (in functional terms). At the moment, China is rapidly moving to GNU/Linux at many levels, not just when it comes to mobile devices but also when it comes to servers and desktops. We wrote a lot about it. China not only explored Free software, but also began moving to it en masse. It’s the world’s largest market and trend setter.
Don’t believe for even a moment that Microsoft has changed for the better. It’s just more discreet about its constant attacks on Free software. █
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Photo source: Intellectual Ventures
Summary: News collated which pertains to software patents, especially those which affect Free/libre software
TODAY’S series of links is divided based on themes, starting with what we deem most important.
Apple’s Attacks on Free Software
Joe Mullin is flabbergasted by Apple’s vicious assault on the Linux-powered platform that reduced the ‘i’ empire to rubble, with at most 18% market share (depending on the source and the geography).
“All that Apple does is dissemination of DRM, maximisation of (weaponised) patents, and exploitation of public ignorance/apathy to ‘sell’ (actually rent) proprietary software on overzealously locked-down hardware.”Android rose to unbeatable levels of dominance despite Apple’s assault (remember that Apple started it 5 years ago) and in one legal case alone there are now “3,200 documents [...] not including exhibits.” Imagine the cost of legal defence here. Apple and Samsung are still fighting in court and “Koh’s recent orders suggest she is fed up with the intense litigation by both parties,” Mullin notes. “The case docket for the first of two Apple v. Samsung lawsuits now has more than 3,200 documents in it, not including exhibits. Last week, Koh issued an order prohibiting the parties from making any further additions without permission.”
This is, at the very least, deterrence. More importantly, it’s Apple greed (it wants billions of dollars from Samsung). Apple is just hoping that companies with pockets less deep than Samsung’s will simply give up and pay Apple for profits made through distribution of Android (Free software). This is clearly an attack on Free software, so anyone still insisting that Apple likes “Open Source” is about as delusional as people who deem ‘i’ products superior and worthy of the high price tags.
Several years ago we openly and unambiguously called for a boycott of everything “Apple”. The company is malicious and it is dangerous to the future of Free software. All that Apple does is dissemination of DRM, maximisation of (weaponised) patents, and exploitation of public ignorance/apathy to ‘sell’ (actually rent) proprietary software on overzealously locked-down hardware.
Rothschild Connected Devices ‘Innovations’
Joe Mullin, covering and citing the original rant from the EFF, expands on Rothschild Connected Devices Innovations, which is essentially a patent troll. He provides some details on what Leigh Rothschild, whom the world’s biggest patent troll (Intellectual Ventures, Microsoft-connected) glamourises, has been up to:
Patent-holding company Rothschild Connected Devices Innovations (RCDI) owns US Patent No. 8,788,090, which was granted in 2014 and describes a system where a “remote server” “transmits” a “product preference” via a “communication module.” Using those broad claims, RCDI has sued more than 20 companies for making things that connect to the Internet. The company sued ADT (PDF) over its Pulse product that allows for things like adjusting a thermostat.
The patent relates to an application filed back in 2006 that essentially describes an Internet drink mixer. A consumer can customize products by connecting to a server on “the global computer network, e.g., the Internet,” which can then “provide product preferences of a user to a product or a mixing device, e.g., a product or beverage dispenser.”
This is an example not just of patent trolling but also software patents, which are the weapon favoured among patent trolls. If the latter can be eliminated, much of the former too will vanish (go bankrupt). This is why we emphasise the need to combat software patents (scope), not just “trolls”, however one defines them (definitions tend to vary somewhat as some very large companies act indistinguishably from classic patent trolls or patent sharks).
There are more new signs of the US patent system tightening. Yesterday for example Foley & Lardner LLP published an analysis of another criterion (not “abstract”) by which patents can be squashed in US courts, even the notorious Court of Appeals for the Federal Circuit (CAFC). To quote the analysis: “As noted in the Federal Circuit decision, Dow Chemical Company asserted selected claims of U.S. Patent No. 5,847,053 and U.S. Patent No. 6,111,023 against NOVA Chemicals Corporation (Canada) and NOVA Chemicals Inc. (Delaware). A jury found the asserted claims to be infringed and not invalid, and the Federal Circuit affirmed, holding, among other things, “that the asserted claims were not indefinite.” The district court then conducted a bench trial for a supplemental damages period through the expiration date of both patents, granted $30M in supplemental damages in the form of lost profits and reasonable royalties, and denied Dow’s request for enhanced damages. NOVA appealed, and Dow cross-appealed.”
Earlier this year we wrote about the Nautilus case. This too is relevant here. “Applying the Nautilus standard,” says Foley & Lardner LLP, “the Federal Circuit held that existence of multiple methods that could lead to different results and the absence of guidance in the patent or prosecution history as to which method should be used rendered the claims indefinite because they “fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.” The court therefore reversed the $30M supplemental damages award.”
This ought to discourage litigation, filing of new patent applications that are similar in nature to the above, and generally feed back (like in a loop) into the US patent system so as to modify examination guidelines, in very much the same way that Alice has done since last year. See this new article titled “After Alice: A Feedback Loop of Software Patent Invalidity”. The article comes from the pro-patents media (whose audience is patent lawyers) and it’s summarised as follows: “Ever since a major patent decision handed down by the U.S. Supreme Court last year, patents have seemed to be invalidated right and left. But is that a result of the decision itself, or because of the feedback loop caused by the process by which patents are challenged?”
They are trying to dismiss the legitimacy of the decisions by casting them as an “echo chamber” of sorts. Well, that’s what one might expect from the patent profiteers, even thought some patent lawyers’ blogs already acknowledge that software patents may be on their death throes.
IP Kat, a blog run by patent lawyers (and other monopolies like copyrights, trademarks, etc.), is still openly concerned about voices of reason, or published opinions from people who don’t profit from this corrupt system of protectionism by patent monopolies. Watch this latest dismissal of The Economist‘s pair of articles.
“No,” insist sthe patents proponent, “what these articles are ultimately intended for is to try and set the narrative by which the patent system is discussed. To this end, economics is merely a hand-maiden. In so doing, The Economist joins a long tradition. We have seen the struggle to control the patent narrative played out several times in the recent past.”
OK, so the lawyers are upset at an opposing (not dissenting) view and insist that The Economist is basically trolling (in the Internet troll sense of the word). “No,” continue this particular lawyer (second in this blog this week to write about The Economist‘s articles from one month ago), “this Kat is not an IP Luddite. The patent system and the laws underlying it can certainly be improved. But this is not what the two pieces in The Economist are about.”
It was perfectly clear what The Economist meant to say. Rather than tip-toeing and making decorative, minor changes to a broken system (like all of these proposed ‘reforms’ we keep hearing about) the writers/editors at The Economist wish to just scrap the entire lot, potentially starting from scratch (if at all). Seeing the patent lawyers squirm over this very idea is hardly surprising. Their want their share. They want to tax everything, even if nobody needs them at all. █
“We cannot hope to own it all, so instead we should try to create the largest possible market and insert ourselves as a small tax on that market.”
–Nathan Myhrvold, Microsoft at the time (now a patent troll)
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Why would anyone still support a bully like Apple?
Summary: Apple’s attacks on Android (using bogus patents) may be soon be escalated to the US Supreme Court (SCOTUS)
PATENTS are the long-term foe of Free software because as long as there are software patents (even in just a few countries) import of devices with Linux or Android or whatever other Free software inside them can be banned, barred, blocked at the border. It’s a massive injustice.
The other day we saw the law firm Fox Rothschild LLP (prolific when it comes to pro-patent-maximising opinions) spreading FUD against Free software licences and promoting software patents. These are the sorts of parasites that continue to stand in the way of a Free software-run world — one in which transparency and participation are part of the social contract. Suffice to say, transparency and participation reduce corruption and empower peace, whereas the opposite creates suspicion, hostility, betrayal, and conflict.
Florian Müller has spent a number of years attacking Android, sometimes as part of the contracts he was paid for, e.g. by Microsoft. He recently wrote about how Apple lost a key design patent. It’s one which we covered before. It’s laughable.
Sarah Burstein says that “SCOTUS hasn’t heard an issue of substantive design patent law for over 100 years.” She cites Howard Mintz who wrote that “Federal Circuit refuses to rehear Samsung appeal of verdict in patent trial against Apple. Scotus or bust” (i.e. last resort).
The SCOTUS has thus far been the best weapon against ridiculous patents (more on that in our next post) and Müller says that Samsung will appeal to it, answering questions from Apple propaganda sites (see questions like “will Samsung ask SCOTUS?” regarding this article from Mac Rumors).
“These are the sorts of parasites that continue to stand in the way of a Free software-run world — one in which transparency and participation are part of the social contract.”This development has been covered a lot by corporate media in the US and it hardly shocks us that a US court ruled in favour of a US company, not a Korean company. We wrote about such biases many times before (the ITC is a good example of that) and since the corrupt CAFC is involved, it makes this anything but shocking, just expected.
There is no CAFC hearing for Samsung, say lawyers from London. Someone “wrote in to say that the method by which the figure was arrived at would, if unchallenged, lead to “absurd results” on the basis that three design patents could not encompass the entire value of a smartphone which has hundreds (if not thousands) of IP-protected features.”
The bottom line is, Apple’s patent war on Android has turned 5 (it started against HTC and then Samsung was added). HTC is still suffering and Apple hopes to destroy Samsung not by innovating but by litigating. By extension, Apple attacks the whole Android world, including Linux. We can’t let Apple get its way. █
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Aiming their biggest guns at Android
Summary: A timely reminder of the importance of patent matters, for they are being used to eliminate the zero-cost advantage of Free/libre software and make it more proprietary, privacy-infringing, and user-hostile (as a result of blackmail)
WHILE pro-Apple sites keep bragging about new Apple patents (granted despite being monopolies on dumb or trivial ideas) there are many dozens of articles, such as [1, 2, 3, 4, 5, 6, 7, 8] , about Apple’s latest assault and taxation of Android (nearly a billion dollars against just one Android backer). On the receiving end there is Samsung, which Microsoft blackmailed (using patent lawsuits) into including Microsoft's software/spyware, by default, in Android. Anyone who still considers Apple and/or Microsoft increasingly friendly towards Linux (or Android) is clearly not paying attention… or paying attention to proprietary software-leaning propaganda which calls extortion “licensing”, “settlement”, “agreement”, and so on. In the coming days we are going to refute a lot of patent propaganda in a rather long series of posts. █
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“In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies. Red Hat did recently raise several hundred million which certainly gives them more staying power. Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space.”
–SCO’s Strategic Consultant Mike Anderer
Summary: The corporate media and Web sites or people who are funded by large corporations have essentially suppressed any debate about issues in the patent granting process, thereby guarding software patents and preventing criticism of large corporations’ power grab
WE are deeply disturbed to see the already-elusive debate about patent scope getting lost in the noise, essentially drifting further away. This long post will put forth observations spanning almost 2 months in the English-speaking media.
Apple, which is patenting a lot software, even image editing software (according to Apple propaganda sites), “ramps up patent portfolio to take on Samsung,” to quote the ToryGraph (UK). Samsung is a backer of Android (albeit one that leans towards Microsoft) and it sells the most mobile phones, which run Linux at their core. So, Apple’s anti-Android (using software patents) agenda is very much relevant to the Free/Open Source software community. We have covered this for 5 years (Apple’s attacks on Android using software patents go back to 2010).
“Why does the corporate media not dedicate much space to cover the inherent issues which cause billions in damages to the technology sector?”Is Apple a patent troll? Well, it often behaves like one, but the media reserves the term “trolls” to small entities/actors. We are supposed to believe that Apple is some kind of heroic titan full of innovation, magic, sparkles and wonder, even though manufacturing for Apple is often done by other companies, including the underlying innovations (Samsung, other Korean/Japanese giants, and many Chinese companies make the components of ‘i’ devices).
Why does the corporate media not dedicate much space to cover the inherent issues which cause billions in damages to the technology sector? Why are corporate shakedowns by large corporations not newsworthy (or hardly worth covering)? These should be legitimate questions. Lies by omission are, by all means, lies.
The recent “John Oliver [segment] on patents [is] mostly just a critique of trivial patents and patent trolls but entertaining,” wrote one person among many who saw the HBO coverage. “I didn’t think it was all that funny anyway or maybe I don’t agree with the focus on trolls instead of patent scope,” wrote another person in response to my post. Even TechDirt said that John Oliver chose to focus on “Patent Trolls”. Since when is the patent issue simply reducible to “trolls”? What happened to the fierce debates over patent scope, as those which were of daily recurrence less than a decade ago? The problem of scope has not been addressed. It’s definitely not resolved.
One article that we found some time ago (a week back) portrayed the issue as “poorly written software patents”. To quote in full: “Congress is expected to take up legislation this year that would make it tougher to claim patent infringement.
“The bill has become a top lobbying priority this year for the tech industry, which says it repeatedly fends off frivolous lawsuits because of poorly written software patents and laws that favor patent holders.”
“There oughtn’t be patents on software in the first place.”The problem is software patents, not “poorly written software patents”. There oughtn’t be patents on software in the first place. They cost a lot of money and their toll on society would probably weigh at hundreds of billions of dollars (aggregated over the years worldwide).
Referring to the US-centric ITC, the British media recently shifted focus to patent trolls yet again. “US trade watchdog ITC needs reform to end $bn blackmail,” it said. What about software patents? Are they off topic now?
Consider press releases such as this one about how the USPTO “will grant RES Software two patents for its technological innovations Dynamic Rule Management and Taskbar Affinity.”
This is a couple of software patents. The USPTO is still granting those, despite changes following a SCOTUS ruling.
What was probably most frustrating this month would have to be Associated Press. It unleashed a lot of biased or narrow articles which lay virtually all blame on “trolls”. Consider this article [1, 2, 3]. The Associated Press (AP) set the tone for some widely-spreading AP reports [1, 2, 3] put only “Patent trolls” in the headlines. See for example the article “This year’s fight for the tech industry: Patent trolls”.
The Associated Press helped spread this kind of assumption under different headlines around the world [1, 2, 3, 4, 5, 6, 7] and so did PBS/NPR (Bill Gates-funded), among other large news networks.
“What are politicians going to think? It’s like they are being lobbied by large corporations through the corporate media (often owned directly by those corporations).”Where is the focus on patent scope? What are politicians going to think? It’s like they are being lobbied by large corporations through the corporate media (often owned directly by those corporations).
The political debate has already been perturbed. Watch what Chuck Grassley says. We can see politicians only ever speaking about “trolls” (or “Abusive Patent Litigation” to use Grassley’s term). Consider this report titled “Dem senator looking to slow ‘patent troll’ debate”. To quote: “Sen. Chris Coons (D-Del.) is trying to end the rush to get a bill through Congress to rein in “patent trolls.”
“Judging by the speedy approval of the Innovation Act in the House last Congress, Coons said many members might not be in tune with the debate.”
They call it “Innovation Act”, but all it does is target trolls. It does nothing to or about innovation. It just helps large corporations push aside patent trolls, except themselves.
“Regarding the Innovation Act”, another article about this misleadingly-named bill, says: “As a student at the University of Minnesota, one of the top research universities in the nation, I am greatly concerned with the proposed legislation dealing with patent reform. I agree there is a need to cut down on abusive patent practices under the current law by so-called “patent trolls.” However, current legislation in Congress is too broad in addressing this problem. The unintended consequences of the Innovation Act are too great to ignore.”
Well, that is not the issue. The analysis above, courtesy of a student, is too shallow and does little to actually show what’s wrong with the so-called ‘Innovation Act’. the “Innovation Act” as they call it is just a wishlist of large corporations. That’s not to say that patent trolls are not a problem at all; they’re mostly a symptom of a much larger problem. What the “Innovation Act” would do is tackle only some actors while leaving large corporations exempt from reform. Rather than call it “Innovation Act” we should call it “The Large Corporations’ Act”.
“532,900,000 Reasons Why We Need Patent Reform Now” is the headline from TechDirt in which a ruling about software patents (or relating to software patents) gets mentioned. TechDirt writes: “Over the last year, there’s been plenty of good news in the fight against the abuse of patents to stifle innovation. A bunch of court rulings have gone the right way, with the biggest being the Supreme Court’s ruling in the Alice v. CLS Bank case, that has resulted in many courts invalidating patents, the US Patent Office suddenly rejecting more patents and a rapid decline in patent lawsuits.”
“A real reform would tackle the patents, not the actors who use them.”A real reform would tackle the patents, not the actors who use them. Many of these actors are parasites, but one can generalise the means, not the ends.
“Conservatives and Patent Reform,” an article by Gary Shapiro, alludes to the above and says: “A serious case can be made that they should reconsider their opposition.”
With or without a bogus bill that does little or nothing to tackle the core issue we will all remain between a rock and a hard place. The problem of “trolls” is being overly exaggerated (not dealing with the patents they so often use) in stories like ““Shopping cart” patent troll shamelessly keeps litigating, and losing”. Corporate media pundits like Bill Snyder also play a role in the misdirection, with articles like “Patent trolls are on the run, but not vanquished yet” or “Why Congress must ensure ‘game over’ for patent trolls” (from The Hill).
It sure looks like the corporations hijacked the debate, it’s all about “trolls” now. Debate over patents must focus on patent scope, yet all the large corporations want us to obsess over trolls (smaller trolls than them). “The FTC should release an interim report to help patent reform,” said this other headline from The Hill and on the third of April we learned from this site that “Conservatives wrong to oppose patent reform” (the bogus reform, not the reform that is actually needed).
In the Web sites of patent lawyers we learn of “Two signs that patent reform momentum may be slowing” and get told the typical myth of “Startups and Patents”. Patents are protectionism for large corporations and only a waste of time and money for startups, which can usually not sue large corporations because it would get them sued back, using a much larger heap of patents from these large corporations.
A recent article by Glyn Moody was titled “Does Patent Licensing by Patent Trolls – Or Anyone – Serve A Useful Purpose?”
Moody alludes to a “paper [which] also provides yet more evidence that the 1980 Bayh-Dole Act, designed to encourage the commercialization of research results through licensing, actually turns universities into patent trolls — something that Techdirt has discussed before. Although the authors suggest that further research is needed to confirm their results, it already seems pretty clear that both patent trolls and Bayh-Dole need to go.”
“When some nonsense like “Innovation Act” says it targets “trolls” what it actually means to say is that it targets small entities with no real products. These are a nuisance to large corporations because the corporations cannot sue back (there are no products to sue over).”Yes, universities too can act like patent trolls, not just large corporations do. When some nonsense like “Innovation Act” says it targets “trolls” what it actually means to say is that it targets small entities with no real products. These are a nuisance to large corporations because the corporations cannot sue back (there are no products to sue over).
There was recently some discussion about the case of Life360, including the ‘Dear Piece of Shit’ letter. “Fresh off his patent win against a company called AGIS,” said one trolls expert, “Life360 CEO Chris Hulls has published an op-ed advising other companies on how to respond to similar patent threats.” Here is more from the same expert: “In May 2014, Life360 CEO Chris Hulls received an aggressive patent demand letter. The letter, from lawyers representing a company called Advanced Ground Information Systems (AGIS), told him he needed to pay for a “royalty-bearing license” to its four patents, or Life360 and its customers would have to “cease and desist” from infringement.
“In other words: pay up, or shut down your company.”
In the case of large corporations it would be “pay up, or we’ll block imports.” It can also be “pay up, reduce your revenue/increase running costs, pass costs to your customers”.
How is that different from what Apple is doing? How is that different from Microsoft’s patent extortion? It’s only semantics and labels (“trolls”), revolving around either scale or branding. The debate has been littered with propaganda, so a lot of people have been systematically incited against “trolls” while ignoring the broader picture.
Over a month ago there was a large online argument over trolls because “Patent trolls serve valuable role in innovation, Stanford expert says”. Defending patent trolls is not unthinkable, especially from universities where trolling has become a common practice (we have covered some examples over the years). Stanford staff, some allege, was probably paid to say that or has some conflict of interest. But we suspect the cause of this stance is different. This whole “Stanford” story (it was framed as a Stanford thing, despite involving just one person) led to some strong responses from ‘anti-trolls’ (and trolls only) sites [1, 2, 3], with one arguing that proof is required. To give some background to this (quoting the above): “So-called patent trolls may actually benefit inventors and the innovation economy, according to a Stanford intellectual property expert.
“Stephen Haber, a Stanford political science professor, suggests in new research that concerns about too much litigation involving patents is misguided.”
“There’s almost a refusal to return to talking about patent scope.”The obsession over patent trolls is what bothers us the most, not the stance — however dumb — of Stephen Haber. There’s almost a refusal to return to talking about patent scope. One site that focuses on trolls (“Patent Progress”) lobbies hard for the “Innovation Act”, stating in one of its headlines: “If the Innovation Act Is Bad For Patents, Why Do Large Patent Owners Support It?”
Those “Large Patent Owners” are large corporations, such as those which are funding “Patent Progress” (through CCIA). Watch the tone of recent posts. It’s like lobbying on behalf of large corporations. Another post says “Professor Stephen Haber of Stanford recently came out with a paper that, according to him, “suggests in new research that concerns about too much litigation involving patents is misguided.”
Well, the real issue is too much patent granting, not too much litigation, which usually is simply the result of too much patent granting. Tackle patent scope, not scale of plaintiffs.
Here is a recent “I.P. Scholars’ Letter to Congress re Patent Reform”. “This open letter to Congress,” says the abstract, “signed by 51 economics and legal scholars, responds to claims that there is little empirical evidence available to assess the performance of the American patent system. The letter explains that a large and increasing body of evidence indicates that the net effect of patent litigation is to raise the cost of innovation and inhibit technological progress. The letter also includes a bibliography of relevant empirical studies of patent litigation.”
Why focus on patent litigation and not the scope of patents foolishly being granted by the USPTO?
Covering patents have become frustrating in the sense that mega-corporations keep distracting from the real debate(s), lobbying for laws that instead protect only themselves. A lot of blogs that proclaim to be speaking for patent reform are actually tools of large corporations that fund them. Pseudo activism (lobbying) is when you’d be led to believe that you’re reading from real activists while in reality they’re tools of corporate power. The academics (non-’IP’ academics, i.e. not boosters of the parasitic elements) want software patents and other software patents to end, but corporations want to demolish only their own competition and rivals, thus they focus on ‘trolls’ and the corporate media helps them achieve this.
“Well, the real issue is too much patent granting, not too much litigation, which usually is simply the result of too much patent granting.”The EFF, a relatively independent (from corporations) activism group, now says it is “Fighting for Patent Reform in Washington, D.C.”. Having just tackled the infamous podcasting patent as part of a broader new action to take on software patents, the EFF receives a lot of positive publicity [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18]. Can real change come about this way? Is the EFF influential enough?
There is currently another piece of useless ‘reform’, but nothing is as bad as the America Invents Act, which we wrote about before. “Using the new Post Grant Review and Inter Partes Review procedures in the America Invents Act,” Steph writes, “hedge funds are extorting money from pharmaceutical companies by either filing or threatening to file for re-exam.”
When it comes to pharmaceutical patents, there is no lack of articles about “trolls”, including pro-trolls articles. There are anti-reform lawyers writing about it because to patent lawyers the trolling can be good business; their main concern is that it harms the legitimacy of the system through which they prey on real (producing) workers, acting more like parasites than scientists or even lawyers. █
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Summary: Microsoft’s obscene double-standards leave Android and Linux between a rock and a hard place
IS IT true that Microsoft loves Linux? What a silly question, but some people and even GNU/Linux vendors actually entertain the possibility that Microsoft loves GNU/Linux, even in the face of heavy and overwhelming contradictory evidence (we gave plenty of evidence to the contrary on Saturday, in a 6-part “Microsoft Hates Linux” series).
As Zacks put it earlier today, “Microsoft has come up with a way for Android users to install a Windows 10-based ROM on Android devices that would take them over and offer Windows-based software offerings (Cortana, Office and Skype).”
For Microsoft, wiping Android from inside Android is "OK", but wiping Windows is not allowed or even possible in some cases. Microsoft actively works to prevent it. As this new article reminds us, “Microsoft tightens Windows 10′s Secure Boot screws” to prevent GNU/Linux from booting (let alone being installed). There are borderline apologists of this — those who try to spin that as “good news” because people can now avoid such machines or buy GNU/Linux preinstalled instead. Either way, Microsoft has made life very hard for GNU/Linux users and one comment I received earlier today said: “I want to buy the hardware I like and I want to install the software I like onto it. Why is there a company (read: a devil) who decides what my options are? Why aren’t there any independent hardware builders? So the Linux community is depending on the mood of angry corporations?”
Well, Microsoft is now relying on vendors to help it reduce options and prevent people from exercising real choice. It’s like an assault by proxy — one to which antitrust laws apply. There is patent blackmail in the mix, as Microsoft coerces vendors into betraying their customers, at legal gunpoint.
Bridget Carey from CNET (part of CBS) said that “Microsoft is getting friendly with Android.”
Apparently then, patent extortion and bribes is “friendly”. We are very much annoyed to see Microsoft-friendly media (paid by Microsoft) characterising extortion and bribes as Microsoft “getting friendly” or “playing nicer” with Android. It’s a massive lie. There is also no mention of what Microsoft is really up to in the article “Microsoft’s Android and iOS assault”. It mentions nothing about coercion using patent extortion. Microsoft decided to sue over software patents (mere claims) with their lawyers (e.g. against Samsung), that’s how they strike so-called “deals” for “select Android devices”. Tools of blackmail are not about “deals” but about abuse. Three years ago Pegatron was extorted by Microsoft, so no wonder it too got ‘co-opted’. Pegatron, Samsung and so on (even the Microsoft-connected Dell) are not surprising members of this blackmail-driven ‘pact’; Microsoft likes to target large distributors of Android using lawsuits. It’s Microsoft’s new strategy, there is no newly-found love.
Then there is the Cyanogen case, which nicely shows how Microsoft works by proxy. The Murdoch-owned Wall Street Journal misleads on Google ‘antitrust’ while Murdoch himself now openly invests in this anti-Google and pro-Microsoft company called Cyanogen. We wrote about it earlier this week. There is a new article titled “Why people are wrong about the world needing an Android that Google can’t control” and what it fails to mention is that Cyanogen sells Android users to Microsoft. That’s the business model. Cyanogen is now a tool of Microsoft and this article says that “[a]ccording to sources familiar with the matter, future devices taking advantage of Cyanogen OS might actually ship out with Microsoft Bing and Office apps instead of Google Search Drive.”
eWeek has got a misleading series of articles right now. One is titled “Cyanogen Aspires to Become Open-Source Android Alternative to Google”. Well, preinstalling Microsoft’s proprietary software is not “Open-Source Android Alternative to Google” but a proprietary alternative to Android. Todd Weiss, writing another article for eWeek, is also wrong. The headline says “Android Open-Source Vendor Cyanogen Veers Off Google’s Android Path”. However, Cyanogen is not “Android Open-Source Vendor” but a Microsoft tool replacing FOSS (for the most part) with Microsoft proprietary software which sucks up data (documents, audio, etc.) to be relayed to the NSA.
In our IRC channels MinceR wrote that “Cyanogen shows its true colors as yet another front for Microsoft,” citing this article. The goal is to destroy Android and to make it another Windows. Microsoft will try to make it less visible by changing the terms of financing, keeping Cyanogen at a short distance to save face. Microsoft is now paying them handsomely but secretly, as an applications (via OEMs) partner rather than an investor. Here at Techrights we wrote about 4 articles about it in the past 1.5 weeks alone and prior to that we warned about Cyanogen for its proprietary software agenda, which is also apathetic towards privacy. Cyanogen has nothing to do with control, privacy, freedom etc.; it just tries to turn Android into Windows in exchange for cash. Bill Gates’ friend Rupert Murdoch now funds it personally and Microsoft was going to fund it too before Murdoch’s media published an exclusive article about it, drawing criticism rather than glee.
Mark said that Cyanogen is “a colorless, toxic gas,” according to Wikipedia. “Cyanogen is a highly toxic compound” “Lethal dose through inhalation typically ranges from 100 to 150 mg. [...] cyanogen is very toxic, as it readily undergoes reduction to cyanide, which poisons the cytochrome c oxidase complex, thus interrupting the mitochondrial electron transfer chain” (see Wikipedia for more).
“Why in the world,” remarked Mark, “would anyone name their software product after a deadly poison? Perhaps their subconscious mind is warning people.”
In part 6 of our "Microsoft Hates Linux" series we wrote about Microsoft’s manipulation of the press, which causes proprietary software from Microsoft to be characterised as “open”. Even Linux Magazine fell for it; it’s part of the effort to paint Visual Studio “open”, “free”, or whatever.
India’s Government, as we mentioned at the time, currently formulates policy on adoption of open source software (several more articles are appearing right now to cover this right now) and that’s why Microsoft pretends to be “Open Source”. It doesn’t want to be left excluded, so it needs to pretend to be part of the Open Source crowd. It’s achieved by means of hijack/capture/infiltration and unless the public antagonises this, Microsoft will get its way. █
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Summary: Microsoft’s Android coup d’état is succeeding owing to public apathy and poor comprehension of what Microsoft really is up to, partly due to media misdirection
Promoters of Microsoft try to tell us that Android backers are now turning to Microsoft, but what they don't talk about are the extortion, bribes and back room deals. This new article from Neil McAllister is belittling (by not even mentioning) the role of blackmail in the case of Samsung, the clear leader in the Android world (based on market share). McAllister says that “Microsoft, still struggling to gain a foothold in the smartphone market, is pressing ahead with efforts to have its software bundled on Android devices from major manufacturers, with Samsung as its first partner.” This is a classic lie by omission and we have seen it almost everywhere we looked on the Internet (presumably it’s the same in the press).
What’s rather troubling is that with more patent lawsuits (Microsoft is still suing Android/Linux using software patents) Microsoft might have more such 'partners' (extorted parties) on the way, not to mention bribed ‘partners’ [1, 2]. Cyanogen got caught opening up to money from Microsoft because they got coverage from Rupert Murdoch-owned media (Wall Street Journal) and interestingly enough it is now Rupert Murdoch who provides funds to this company which turns Android into ‘Microsoft Android’ (Microsoft software pre-loaded). It isn’t too shocking given Rupert Murdoch’s close relations with Microsoft and with Bill Gates, let aside his hatred of Google.
According to this report, Cyanogen “has secured $80m (£54m) in funding from the likes of Twitter, Telefonica and the media mogul Rupert Murdoch.” CBS says “Cyanogen raised $80 million in a series C round of funding led by venture-capital firm Premji Invest, the company announced on Monday. Twitter’s private-investment arm, Twitter Ventures, as well as Qualcomm, and even media bigwig Rupert Murdoch participated in the funding round. In total, Cyanogen has raised $110 million since 2009.”
As we pointed out even years ago, Cyanogen is neither about freedom nor privacy. At the moment it’s about pre-loading Microsoft software (surveillance-centric) from Microsoft. It’s not hard to see whose interests are being served by Cyanogen. █
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Microsoft loves [to hijack and repurpose] Linux
Defections at gunpoint
Summary: A strategy involving harassment and bribes drives large Android players into Microsoft’s arms (PRISM and lock-in), much to Google’s (and users’) detriment and beyond regulators’ range of visibility
LAST month we said that Microsoft was reportedly using patent blackmail to pressure Samsung into becoming a Microsoft peon. We were later proven right and Microsoft’s booster (one of very many who now work for CBS) Mary Jo Foley put a positive spin on it, as if it was all kisses and roses. She continues doing that in her latest puff piece (framing that as nothing nefarious) where she says that “Samsung announced last month it would preinstall OneNote, OneDrive and Skype on the Glaxy S6 and S6 Edge. In the coming months — some time in the first half of calendar 2015, Samsung also will preinstall Microsoft Word, Excel, PowerPoint, OneNote, OneDrive and Skype on “select” Samsung Android tablets, Samsung announced today.”
Mary Jo Foley does not mention the patent case and settlement, does she? That would upset Microsoft, which is too busy portraying itself as a friend of Linux while it is suing Linux (using software patents).
Following Microsoft’s support for Cyanogen (again, do not be misled by retractions after getting caught) Microsoft’s booster writes that “[i]f the rumor mill is right, Android distribution startup Cyanogen might be next up to forge a similar bundling relationship with Microsoft. A recent Forbes report claims Cyanogen is “close to finalizing a wide-ranging partnership to incorporate several of Microsoft’s mobile services, including Bing, the voice-powered Cortana digital assistant, the OneDrive cloud-storage system, Skype and Outlook, into Cyanogen’s devices.”
Microsoft’s booster also mentions Dell. How convenient. Our Dell wiki pages would help remind readers what Microsoft has done to Dell not only on the Android front but on other fronts too. Dell is nothing but a vassal of Microsoft right now.
We expect the next step to be use of patent extortion to force more Android backers into Microsoft's bed. Don’t expect Mary Jo Foley and fellow Microsoft spinners to tell the whole story. Lies by omission may be the strategy.
Microsoft loves Linux like a shark loves fish. █
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